Wednesday, May 19, 2010

Press Coverage CPZ High Court case ... Daily Mail

Neil Herron is fighting a crucial test case that could throw into doubt the validity of millions of pounds worth of parking tickets.A crusading former market trader yesterday began a High Court battle that could 'blow apart' Britain's parking laws.

Neil Herron, one-time fishmonger, is fighting a crucial test case that if successful could throw into doubt the validity of millions of pounds worth of parking tickets and see thousands of motorists apply to have their fines overturned.

Mr Herron, 46, first sprang to fame as a metric martyr who led the successful campaign to stop the prosecution of British shopkeepers using imperial weights.

Now he has remortgaged his home and poured £100,000 of his own funds into a different fight: challenging the nation's parking regulations.

If he wins, it would 'effectively abolish' controlled parking zones - known CPZs - in towns and cities around the country.The divorced businessman's battle began in his home city of Sunderland, where he is fighting 39 £60 penalty charge notices.

But he has become the figurehead for a national campaign against 'draconian' traffic enforcement.

Yesterday Mr Herron, wearing a pin-striped suit, arrived at London's High Court to take challenge the legality of CPZs, and as a consequence the validity of fines issued within such areas.The father-of-two, who has been helped by donations from scores of fellow motorists, said he was 'David taking on Goliath' in a search for 'justice'.'Councils have been using parking as a stealth tax - the more tickets they issue, the more money they get,' he said.'There isn't a motorist in the land who doesn't agree.'

The campaigning father-of-two's battle dates back to 2005, when he was alerted to question marks over parking rules and the first penalty charge notice was issued against him by Sunderland City Council.

He argues that the legislation which created CPZs is flawed as it states that every road must be marked with a single or double yellow lines, except where parking spaces are provided.Therefore any CPZ zone which contains other markings like zig-zags, bus lanes, pelican or zebra crossings is unlawful, meaning parking tickets issued in that zone are invalid.

Alun Jones QC, for Mr Herron, said his client had taken his fight to the Parking Adjudicator, who had 'misconstrued' the meaning of a CPZ.'This is a matter of general importance to local authorities and motorists all over the country,' said Mr Jones.

'Our submission is that Sunderland City Council and others have used the CPZ in an inappropriately wide way which results in a confusion to motorists.'He added that the council itself had admitted that a 'significant amount' of income would be taken away from local authorities if Mr Herron was right.

Between 2002 and 2009 alone fines from parking on single yellow lines in Sunderland are estimated to have totalled £460,000.

Motorists, he said, were entitled to more 'clarity'.

He said guidance from the Department of Transport stated that motorists could not reasonably be expected to 'read, understand and remember' parking restrictions at the entrance to CPZs of more than 12 streets.

But despite that some controlled parking zones, in areas such as Sunderland, Bristol, Manchester, Westminster, Kingston and Birmingham, were much larger.'There are inappropriately large CPZs which we argue will confuse motorists,' said Mr Jones.

He said a CPZ ceased to be valid when other markings such as pedestrian crossings, taxi ranks, and zig-zags were in place.Judge Mr Justice Bean responded: 'This probably applies to every CPz in the country doesn't it?'

When Mr Jones agreed the judge added: 'If you're right the CPZ is effectively abolished.'

Later Mr Justice Bean added that if he accepted issues raised by Mr Herron's team 'I may be blowing the whole traffic regime to bits'.

Mr Herron is bringing his claim against the Parking Adjudicator, the national independent parking appeals service, with Sunderland City Council and the Secretary of State for Transport both listed as interested parties.

They insist the CPZ is still legal, even with other markings within it.'There is no suggestion that any motorists was or was capable of being confused or unsure as to the nature of the parking restrictions that were before the adjudicators because of the existence of other types of signage elsewhere in the CPZ,' said Stephen Sauvain QC, for Sunderland City Council.